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VII.1. First Reading: Floodplain Ordinance Text Amendment and District Boundary Changes; Lindahl (CR2016-100)October 4, 2016 � Ciry Council Report 2016-100 Floodplain Ordinance Text Amendment and District Boundary Changes Pro�osed Action: Staff recommends the following motion: Move to ado�t Resolution 2016- 068, a�roving ordinance 2016-1116 amending Section 545 of the Citv Code related to Flood�lain zoning regulations. Overview This application was initiated by staff to bring the City's existing floodplain regulations and "Loning Map into compliance with recent changes by the Federal Emergency Management Agency (FEMA) to its flood hazard maps. The proposed changes include repealing Section 545 — Floodplain District and replacing it with a model floodplain ordinance developed by the Minnesota Department of Natural Resources (DNR) and updating the Floodplain District boundaries on the Zoning Map. According to the DNR, the proposed ordinance text amendment contains no new policies. Rather it attempts to better organize and clarify the existing floodplain regulations. The proposed Floodplain District boundary changes may add or remove some properties from this area. It is important to note that both changes are required by FEMA in order to maintain the City7's eligibility to participate in the National Flood Insurance Program (NFIP). Both the Planning & Zoning Commission and staff recommend approval of the proposed changes. Primary Issues to Consider • Legal AuthorityJ • Zoning Ordinance Text Amendment • Floodplain District Boundary Changes Su�porting Documents • Resolution 2016-068 • Ordinance 2016-1116 Related to Floodplain Zoning Regulations • Floodplain District Boundary Changes Maps • Letter to Property Owners Newly Added to the 100-Year Floodplain • Letter from FEMA • Letter from Minnesota DNR Jason Lindahl, AICP City Planner Financial Impact: � N/A Budgeted: Y/N Source: Related Documents (CIP, ERP, etc.): Notes: City Council Report 2016-100 Page 2 Planning & Zoning Commission Action On September 27, 2016, the Planning & Zoning Commission reviewed planning application 2016-16-TA, floodplain ordinance text amendment. After hearing a summary presentation from staff, the Commission held a public hearing that produced no comment. After some general discussion, the Commission voted unanimously to recommend the City Council approve this zoning code text amendment. Background The proposed zoning ordinance and map changes are required by FEMA and the Minnesota DNR to insure the City's continued eligibility in the National Flood Insurance Program (NFIP). According to FEMA, standard homeowners insurance does not cover flooding, so NFIP offers protection from floods associated with hurricanes, tropical storms, heavy rains and other conditions that impact the U.S. Congress created NFIP in 1968 to help provide a means for property owners to financially protect themselves. The NFIP offers flood insurance to homeowners, renters, and business owners if their community participates in the NFIP. Participating communities agree to adopt and enforce ordinances that meet or exceed FEMA requirements to reduce the risk of flooding. FEMA has recently updated its flood hazard maps, which identify flood hazards and assess flood risk areas by using the best available technical data, including data for river flow, storm tides, hydrologic/hydraulic analyses, and rainfall and topographic surveys. This information is gathered in Flood Insurance Rate Maps (FIRMs), which are used by the National Flood Insurance Program (NFIP) to form the basis of NFIP regulations and flood insurance requirements. The changes are not due to any physical changes (projects) in the City. In order to comply with federal requirements and to maintain the City's eligibility to participate in the National Flood Insurance Program (NFIP), the City is working with FEMA and with the Minnesota Department of Natural Resources (DNR) to use the new data to update the City's Floodplain Ordinance and Zoning Map. Local ordinances must comply with the revised State and Federal floodplain regulations prior to their effective date on November 4, 2016. While the City is responsible for administering its local ordinances, it does not directly administer or create FEMA Flood Insurance Rate Maps (FIRMs). Based on the new data, some property owners within or close to the floodplain may be receiving letters from their mortgage companies requiring the purchase of flood insurance. Other properry owners may find themselves no longer required to carry flood insurance. Property owners are required to purchase flood insurance for structures located within or touching the high flood risk area and if the property is getting a mortgage or loan from a federally regulated institution. Primary Issues to Consider Legal Authority. Zoning Code amendments are legislative actions in that the City is creating new standards to regulate the development of certain types of uses and/or structures. Under the law, the City has wide flexibility to create standards that will ensure the type of development it desires; however, zoning regulations must be reasonable and supported by a rational basis relating to promoting the public health, safety and welfare. In this case, the regulations must also be consistent with the revised state and federal floodplain regulations prior to their effective date on November 4, 2016. City Council Report 2016-100 Page 3 Zoning Ordinance Text Amendment. The Ciry's existing floodplain regulations were last updated in 2004 after FEMA updated its flood hazard maps earlier that same year. Recently, FEMA completed a re-evaluation of the flood hazards throughout Hennepin County and directed all local governments to update their regulations and floodplain district boundaries. The DNR prepared a model orclinance for cities across Minnesota to use as a guide to rewrite local floodplain ordinances. For Hopkins, this means the existing floodplain regulations will be repealed in its entirety and replaced with the model ordinance. According to the DNR, the proposed ordinance text amendment contains no new policies. Rather it attempts to better organize and clarify the existing floodplain regulations. These changes are required by FEMA and the Minnesota DNR to insure the City's continued eligibility in the National Flood Insurance Program (NFIP). Floodplain District Boundary Changes. In Hopkins the Floodplain District extends along both the Minnehaha and Nine Mile Creeks. The attached map shows changes to the Special Hazard Flood Area (SHFA) or 100-year floodplain. Property owners currently in or newly added to this area are required to purchase flood insurance for structures located within or touching the high flood risk area and if the property is getting a mortgage or loan from a federally regulated institution. Based on this map, staff believes there are ten (10) newly added properties a11 of which are located along Nine Mile Creek. There appears to be no newly added properties along Minnehaha Creek. Staff has mailed each of the newly added property owners a letter informing them of this change and advising them to consult their insurance agent to purchase flood insurance. Alternatives Approve the proposed Zoning Code text amendment related to floodplain zoning regulations. Approving this text amendment will bring the City's floodplain regulations into compliance with changes required by the Federal Emergency Management Agency and the Minnesota Department of Natural Resources. These changes are required for Hopkins to remain eligible to participate in the National Flood Insurance Program. 2. Deny the proposed "Loning Code text amendment related to floodplain zoning regulations. By denying the proposed text amendment, Hopkins will no longer be eligible to participate in the National Flood Insurance Pro�ram (NFIP). If the City Council considers this alternative, findings will have to be identified that support this alternative. 3. Continue for further information. If the City Council indicates that further information is needed, the item should be continued. It should be noted that continuing this item will jeopardize the City's eligibility to participate in the National Flood Insurance Program. CITY OF HOPKINS Hennepin County, Minnesota RESOLUTION NO: 2016-68 A RESOLUTION APPROVING ORDINANCE 2016-1116 AMENDING SECTIONS 545 OF THE CITY CODE RELATED TO FLOODPLAIN ZONING REGULATIONS WHEREAS, the City of Hopkins initiated an application to amend Sections 545 of the City Code related to zoning standards for floodplain zoning regulations; WHEREAS, the proposed amendment is required by the Federal Emergency Management Agency (FEMA) and the Minnesota Department of Natural Resources (MN DNR) for Hopkins to remain eligible to participate in the National Flood Insurance Program (NFIP); and WHEREAS, the procedural history of the application is as follows: 1. That an application to amend Section 545 of the City Code related to zoning standards for floodplain zoning regulations was initiated by the City of Hopkins on August 25, 2016; 2. That the Hopkins Zoning and Planning Commission, pursuant to published notice, held a public hearing on the application and reviewed such application on September 27, 2016: all persons present were given an opportunity to be heard; and, 3. That the written comments and analysis of City staff were considered. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Hopkins hereby approves Ordinance 2016-1116 amending Sections 545 of the City Code related to floodplain zoning regulations, based on the following Findings of Fact: The zoning ordinance text amendment is consistent with the goals and implementation strategies of the Comprehensive Plan, will promote the public health, safety and welfare of the City of Hopkins and is consistent with the requirements of the Federal Emergency Management Agency and the Minnesota Department of Natural Resources. Adopted this 4th day of October 2016. Molly Cummings, Mayor ATTEST: Amy Domeier, City Clerk CITY OF HOPKINS Hennepin County, Minnesota ORDINANCE NO. 2016-1116 AN ORDINANCE AMENDING SECTIONS 545 OF THE CITY CODE RELATED TO FLOODPLAIN ZONING REGULATIONS SECTION 1.0 THE COUNCIL OF THE CITY OF HOPKINS DOES HEREBY ORDAIN THAT SECTION 545 OF THE CITY CODE IS HEREBY REPEALED AND REPLACED WITH THE FOLLOWING: 545.01 STATUTORY AUTHORIZATION, FINDINGS OF FACT AND PURPOSE Subd. 1. Statutory Authorization: The legislature of the State of Minnesota has, in Minnesota Statutes Chapter 103F and Chapter 462 delegated the responsibility to local government units to adopt regulations designed to minimize flood losses. Therefore, the City Council of the City of Hopkins, Minnesota, does ordain as follows. Subd.2. Purpose: a) This ordinance regulates development in the flood hazard areas of the City of Hopkins. These flood hazard areas are subject to periodic inundation, which may result in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base. It is the purpose of this ordinance to promote the public health, safety, and general welfare by minimizing these losses and disruptions. b) National Flood Insurance Program Compliance. This ordinance is adopted to comply with the rules and regulations of the National Flood Insurance Program codified as 44 Code of Federal Regulations Parts 59 -78, as amended, so as to maintain the community's eligibility in the National Flood Insurance Program. c) This ordinance is also intended to preserve the natural characteristics and functions of watercourses and floodplains in order to moderate flood and stormwater impacts, improve water quality, reduce soil erosion, protect aquatic and riparian habitat, provide recreational opportunities, provide aesthetic benefits and enhance community and economic development. 545.02 GENERAL PROVISIONS Subd. 1 How to Use This Ordinance: This ordinance adopts the floodplain maps applicable to the City of Hopkins and includes three floodplain districts: Floodway, Flood Fringe, and General Floodplain. a) Where Floodway and Flood Fringe districts are delineated on the floodplain maps, the standards in Sections 4 or 5 will apply, depending on the location of a property. b) Locations where Floodway and Flood Fringe districts are not delineated on the floodplain maps are considered to fall within the General Floodplain district. Within the General Floodplain district, the Floodway District standards in Section 4 apply unless the floodway boundary is determined, according to the process outlined in Section 6. Once the floodway boundary is determined, the Flood Fringe District standards in Section 5 may apply outside the floodway. Subd 2. Lands to Which Ordinance Applies: This ordinance applies to all lands within the jurisdiction of the City of Hopkins shown on the Official Zoning Map and/or the attachments to the map as being located within the boundaries of the Floodway, Flood Fringe, or General Floodplain Districts. a) The Floodway, Flood Fringe and General Floodplain Districts are overlay districts that are superimposed on all existing zoning districts. The standards imposed in the overlay districts are in addition to any other requirements in this ordinance. In case of a conflict, the more restrictive standards will apply. Subd. 3. Incorporation of Maps by Reference: The following maps together with all attached material are hereby adopted by reference and declared to be a part of the Official Zoning Map and this ordinance. The attached material includes the Flood Insurance Study for Hennepin County, Minnesota, and Incorporated Areas, dated November 4, 2016 and the Flood Insurance Rate Map panels enumerated below, dated November 4, 2016, all prepared by the Federal Emergency Management Agency. These materials are on file in the office of the City Clerk. Effective Flood Insurance Rate Map panels: 27053C0333E 27053C0341E 27053C0343E 27053C0361E 27053C0334E 27053C0342E 27053C0344E Subd. 4. Regulatory Flood Protection Elevation: The regulatory flood protection elevation (RFPE) is an elevation no lower than one foot above the elevation of the regional flood plus any increases in flood elevation caused by encroachments on the floodplain that result from designation of a floodway. Subd. 5. Interpretation: The boundaries of the zoning districts are determined by scaling distances on the Flood Insurance Rate Map. a) Where a conflict exists between the floodplain limits illustrated on the official zoning map and actual field conditions, the flood elevations shall be the governing factor. The Zoning Administrator must interpret the boundary location based on the ground elevations that existed on the site on the date of the first National Flood Insurance Program map showing the area within the regulatory floodplain, and other available technical data. b) Persons contesting the location of the district boundaries will be given a reasonable opportunity to present their case to the Planning Commission/Board of Adjustment and to submit technical evidence. Subd. 6. Abrogation and Greater Restrictions: It is not intended by this ordinance to repeal, abrogate, or impair any existing easements, covenants, or other private agreements. However, where this ordinance imposes greater restrictions, the provisions of this ordinance prevail. All other ordinances inconsistent with this ordinance are hereby repealed to the extent of the inconsistency only. 2 Subd. 7. Warning and Disclaimer of Liability: This ordinance does not imply that areas outside the floodplain districts or land uses permitted within such districts will be free from flooding or flood damages. This ordinance does not create liability on the part of the City of Hopkins or its officers or employees for any flood damages that result from reliance on this ordinance or any administrative decision lawfully made hereunder. Subd. 8. Severability: If any section, clause, provision, or portion of this ordinance is adjudged unconstitutional or invalid by a court of law, the remainder of this ordinance shall not be affected and shall remain in full force. Subd. 9. Definitions: Unless speciiically defined below, words or phrases used in this ordinance must be interpreted according to common usage and so as to give this ordinance its most reasonable application. a) Accessory Use or Structure — a use or structure on the same lot with, and of a nature customarily incidental and subardinate to, the principal use or structure. b) Base Flood Elevation — The elevation of the "regional flood." The term "base flood elevation" is used in the flood insurance survey. c) Basement — any area of a structure, including crawl spaces, having its floor or base subgrade (below ground level) on all four sides, regardless of the depth of excavation below ground level. d) Conditional Use — a specific type of structure or land use listed in the official control that may be allowed but only after an in-depth review procedure and with appropriate conditions or restrictions as provided in the official zoning controls or building codes and upon a finding that: i. Certain conditions as detailed in the zoning ordinance eXist. ii. The structure and/or land use conform to the comprehensive land use plan if one exists and are compatible with the eXisting neighborhood. e) Critical Facilities — facilities necessary to a community's public health and safety, those that store or produce highly volatile, toxic or water-reactive materials, and those that house occupants that may be insufficiently mobile to avoid loss of life or injury. Examples of critical facilities include hospitals, correctional facilities, schools, daycare facilities, nursing homes, fire and police stations, wastewater treatment facilities, public electric utilities, water plants, fuel storage facilities, and waste handling and storage facilities. � Development — any manmade change to improved or unimproved real estate, including buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations, or storage of equipment or materials. g) Equal Degree of Encroachment — a method of determining the location of floodway boundaries so that floodplain lands on both sides of a stream are capable of conveying a proportionate share of flood flows. h) Flood — a temporary increase in the flow or stage of a stream or in the stage of a wetland or lake that results in the inundation of normally dry areas. i) Flood Frequency — the frequency for which it is expected that a specific flood stage or discharge may be equaled or exceeded. j) Flood Fringe — the portion of the Special Flood Hazard Area (one percent annual chance flood) located outside of the floodway. Flood fringe is synonymous with the term "floodway fringe" used in the Flood Insurance Study for Hennepin County, Minnesota. k) Flood Prone Area — any land susceptible to being inundated by water from any source (see "Flood"). 1) Floodplain — the beds proper and the areas adjoining a wetland, lake or watercourse which have been or hereafter may be covered by the regional flood. m) Floodproofing — a combination of structural provisions, changes, or adjustments to properties and structures subject to flooding, primarily for the reduction or elimination of flood damages. n) Floodway — the bed of a wetland or lake and the channel of a watercourse and those portions of the adjoining floodplain which are reasonably required to carry ar store the regional flood discharge. o) Lowest Floor — the lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, used solely for parlcing of vehicles, building access, or storage in an area other than a basement area, is not considered a building's lowest floor; provided, that such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirements of 44 Code of Federal Regulations, Part 60.3. p) Manufactured Home — a structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term "manufactured home" does not include the term "recreational vehicle." � New Construction - Structures, including additions and improvements, and placement of manufactured homes, for which the start of construction commenced on or after the effective date of this ordinance. r) Obstruction — any dam, wall, wharf, embankment, levee, dike, pile, abutment, projection, excavation, channel modification, culvert, building, wire, fence, stockpile, refuse, fill, structure, or matter in, along, across, or projecting into any channel, watercourse, or regulatory floodplain which may impede, retard, or change the direction of the flow of water, either in itself or by catching or collecting debris carried by such water. s) One Hundred Year Floodplain — lands inundated by the "Regional Flood" (see definition). t) Principal Use or Structure — all uses or structures that are not accessory uses or structures. u) Reach — a hydraulic engineering term to describe a longitudinal segment of a stream or river influenced by a natural or man-made obstruction. In an urban area, the segment of a stream or river between two consecutive bridge crossings would most typically constitute a reach. :� v) Recreational Vehicle — a vehicle that is built on a single chassis, is 400 square feet or less when measured at the largest horizontal projection, is designed to be self-propelled or permanently towable by a light duty truck, and is designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use. For the purposes of this ordinance, the term recreational vehicle is synonymous with the term "travel trailer/travel vehicle." w) Regional Flood — a flood which is representative of large floods known to have occurred generally in Minnesota and reasonably characteristic of what can be expected to occur on an average frequency in the magnitude of the 1% chance or 100-year recurrence interval. Regional flood is synonymous with the term "base flood" used in a flood insurance study. x) Regulatory Flood Protection Elevation (RFPE) - an elevation not less than one foot above the elevation of the regional flood plus any increases in flood elevation caused by encroachments on the floodplain that result from designation of a floodway. y) Repetitive Loss: Flood related damages sustained by a structure on two separate occasions during a ten year period for which the cost of repairs at the time of each such flood event on the average equals or exceeds 25% of the market value of the structure before the damage occurred. z) Special Flood Hazard Area — a term used for flood insurance purposes synonymous with "One Hundred Year Floodplain." aa) Start of Construction — includes substantial improvement, and means the actual start of construction, repair, reconstruction, rehabilitation, addition, placement or other improvement that occurred before the permit's expiration date. The actual start is either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any warlc beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, foundations, or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building. bb) Structure - anything constructed or erected on the ground or attached to the ground or on-site utilities, including, but not limited to, buildings, factories, sheds, detached garages, cabins, manufactured homes, recreational vehicles not meeting the exemption criteria specified in Section 9.22 of this ordinance and other similar items. cc) Substantial Damage - means damage of any origin sustained by a structure where the cost of restoring the structure to its before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred. dd) Substantial Improvement - within any consecutive 365-day period, any reconstruction, rehabilitation (including normal maintenance and repair), repair after damage, addition, or other improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before the "start of construction" of the improvement. This term includes structures that have incurred "substantial damage," regardless of the actual repair work performed. The term does not, however, include either: i. Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions. ii. Any alteration of a"historic structure," provided that the alteration will not preclude the structure's continued designation as a"historic structure." For the purpose of this ordinance, "historic structure" is as deiined in 44 Code of Federal Regulations, Part 59.1. Subd. 10 Detachments. The Flood Insurance Rate Map panels adopted by reference into Section 2.3 above wil] include floodplain areas that lie inside the corporate boundaries of municipalities at the time of adoption of this ordinance. If any of these floodplain land areas are detached from a municipality and come under the jurisdiction of the City of Hopkins after the date of adoption of this ordinance, the newly detached floodplain lands will be subject to the provisions of this ordinance immediately upon the date of detachment. 545.03 ESTABLISHMENT OF ZONING DISTRICTS Subd. l. Districts: a) Floodway District. The Floodway District includes those areas within Zones AE that have a floodway delineated as shown on the Flood Insurance Rate Map adopted in Section 2.3. For lakes, wetlands and other basins within Zones AE that do not have a floodway delineated, the Floodway District also includes those areas that are at or below the ordinary high water level as defined in Minnesota Statutes, Section 103G.005, subdivision 14. b) Flood Fringe District. The Flood Fringe District includes areas within Zones AE that have a floodway delineated on the Flood Insurance Rate Map adopted in Section 2.3, but are located outside of the floodway. For lakes, wetlands and other basins within Zones AE that do not have a floodway delineated, the Flood Fringe District also includes those areas below the 1% annual chance (100-year) flood elevation but above the ordinary high water level as defined in Minnesota Statutes, Section 103G.005, subdivision 14. c) RESERVED FOR GENERAL FLOODPLAIN DISTRICT (GF) Subd. 2 Applicability: Within the floodplain districts established in this ardinance, the use, size, type and location of development must comply with the terms of this ordinance and other applicable regulations. In no cases shall floodplain development adversely affect the efficiency or unduly restrict the capacity of the channels or floodways of any tributaries to the main stream, drainage ditches, or any other drainage facilities or systems. All uses not listed as permitted uses or conditional uses in Sections 4.0, 5.0 and 6.0 are prohibited. In addition, critical facilities, as defined in Section 2.915, are prohibited in all floodplain districts. 545.04 FLOODWAY DISTRICT (FW) C� Subd. 1. Permitted Uses: The following uses, subject to the standards set forth in Section 4.2, are permitted uses if otherwise allowed in the underlying zoning district or any applicable overlay district: a) General farming, pasture, grazing, outdoor plant nurseries, horticulture, truck farming, forestry, sod farming, and wild crop harvesting. b) Industrial-commercial loading areas, parking areas, and airport landing strips. c) Open space uses, including but not limited to private and public golf courses, tennis courts, driving ranges, archery ranges, picnic grounds, boat launching ramps, swimming areas, parks, wildlife and nature preserves, game farms, fish hatcheries, shooting preserves, hunting and fishing areas, and single ar multiple purpose recreational trails. d) Residential lawns, gardens, parlcing areas, and play areas. e) Railroads, streets, bridges, utility transmission lines and pipelines, provided that the Department of Natural Resources' Area Hydrologist is notified at least ten days prior to issuance of any permit. Subd. 2. Standards for Floodway Permitted Uses: a) The use must have a low flood damage potential. b) The use must not obstruct flood flows or cause any increase in flood elevations and must not involve structures, obstructions, or storage of materials or equipment. c) Any facility that will be used by employees or the general public must be designed with a flood warning system that provides adequate time for evacuation if the area is inundated to a depth and velocity such that the depth (in feet) multiplied by the velocity (in feet per second) would exceed a product of four upon occurrence of the regional (1 % chance) flood. Subd. 3. Conditional Uses: The following uses may be allowed as conditional uses following the standards and procedures set forth in Section 10.4 of this ordinance and further subject to the standards set forth in Section 4.4, if otherwise allowed in the underlying zoning district or any applicable overlay district. a) Structures accessory to the uses listed in 4.11 — 4.13 above and the uses listed in 4.32 — 4.33 below. b) Extraction and storage of sand, gravel, and other materials. c) Marinas, boat rentals, docks, piers, wharves, and water control structures. d) Storage yards for equipment, machinery, or materials. e) Placement of iill or construction of fences that obstruct flood flows. Farm fences, as defined in section 2.918, are permitted uses. � Travel-ready recreational vehicles meeting the exception standards in Section 9.3. g) Levees or dikes intended to protect agricultural crops for a frequency flood event equal to or less than the 10-year frequency flood event. Subd. 4. Standards for Floodway Conditional Uses: a) All Uses. A conditional use must not cause any increase in the stage of the 1% chance or regional flood or cause an increase in flood damages in the reach or reaches affected. b) Fill; Storage of Materials and Equipment: The storage or processing of materials that are, in time of flooding, flammable, explosive, or potentially injurious to human, animal, or plant life is prohibited. ii. Fill, dredge spoil, and other similar materials deposited ar stored in the floodplain must be protected from erosion by vegetative cover, mulching, riprap or other acceptable method. Permanent sand and gravel operations and similar uses must be covered by a long-term site development plan. iii. Temporary placement of fill, other materials, or equipment which would cause an increase to the stage of the 1% percent chance or regional flood may only be allowed if the City Council has approved a plan that assures removal of the materials from the floodway based upon the flood warning time available. c) Accessory Structures. Accessory structures, as identified in Section 4.31, may be permitted, provided that: structures are not intended for human habitation; ii. structures will have a low flood damage potential; iii. structures will be constructed an placed so as to offer a minimal obstruction to the flow of flood waters; iv. Service utilities, such as electrical and heating equipment, within these structures must be elevated to ar above the regulatory flood protection elevation ar properly floodproofed; v. Structures must be elevated on fill or structurally dry floodproofed in accordance with the FP1 or FP2 floodproofing classiiications in the State Building Code. All floodproofed structures must be adequately anchored to prevent flotation, collapse or lateral movement and designed to equalize hydrostatic flood forces on exterior walls. vi. As an alternative, an accessory structure may be internally/wet floodproofed to the FP3 or FP4 floodproofing classifications in the State Building Code, provided the accessory structure constitutes a minimal investment and does not exceed 576 square feet in size. Designs for meeting this requirement must either be certified by a registered professional engineer or meet or exceed the following criteria: �l� To allow for the equalization of hydrostatic pressure, there must be a minimum of two "automatic" openings in the outside walls of the structure, with a total net area of not less than one square inch for every square foot of enclosed area subject to flooding; and ��� There must be openings on at least two sides of the structure and the bottom of all openings must be no higher than one foot above the lowest adjacent grade to the structure. Using human intervention to open a garage door prior to flooding will not satisfy this requirement for automatic openings. d) Structural works for flood control that will change the course, current or cross section of protected wetlands or public waters are subject to the provisions of Minnesota Statutes, Section 103G.245. e) A levee, dike or floodwall constructed in the floodway must not cause an increase to the 1% chance or regional flood. The technical analysis must assume equal conveyance or storage loss on both sides of a stream. f) Floodway developments must not adversely affect the hydraulic capacity of the channel and adjoining floodplain of any tributary watercourse or drainage system. 545.05 FLOOD FRINGE DISTRICT (FF) Subd.l . Permitted Uses: Permitted uses are those uses of land ar structures allowed in the underlying zoning district(s) that comply with the standards in Sections 5.2. Subd. 2. Standards for Flood Fringe Permitted Uses: a) All structures, including accessory structures, must be elevated on fill so that the lowest floor, as defined, is at ar above the regulatory flood protection elevation. The finished fill elevation for structures must be no lower than one foot below the regulatory flood protection elevation and the fill must extend at the same elevation at least 15 feet beyond the outside limits of the structure. b) Accessory Structures. As an alternative to the fill requirements of section 5.21, structures accessory to the uses identified in Section 5.1 may be permitted to be internally/wet floodproofed to the FP3 or FP4 floodproofing classifications in the State Building Code, provided that: the accessory structure constitutes a minimal investment, does not exceed 576 s square feet in size, and is only used for parking and storage. ii. All portions of floodproofed accessory structures below the Regulatory Flood Protection Elevation must be: (i) adequately anchored to prevent flotation, collapse or lateral movement and designed to equalize hydrostatic flood forces on exterior walls, (ii) be constructed with materials resistant to flood damage, and (iii)must have all service utilities be water-tight or elevated to above the regulatory flood protection elevation iii. Designs for meeting this requirement must either be certified by a registered professional engineer or meet or exceed the following criteria: �'� To allow for the equalization of hydrostatic pressure, there must be a minimum of two "automatic" openings in the outside walls of the structure, with a total net area of not less than one square inch for every square foot of enclosed area subject to flooding; and ��� There must be openings on at least two sides of the structure and the bottom of all openings must be no higher than one foot above the lowest adjacent grade to the structure. Using human intervention to open a garage door prior to flooding will not satisfy this requirement for automatic openings. c) The cumulative placement of fill or similar material on a parcel must not exceed 1,000 cubic yards, unless the fill is specifically intended to elevate a structure in accardance with Section 5.21 of this ordinance, or if allowed as a conditional use under Section 5.33 below. d) The storage of any materials or equipment must be elevated on fill to the regulatory flood protection elevation. e) All service utilities, including ductwork, must be elevated or water-tight to prevent infiltration of floodwaters. f� The storage or processing of materials that are, in time of flooding, flammable, explosive, or potentially injurious to human, animal, or plant life is prohibited. g) All fill must be properly compacted and the slopes must be properly protected by the use of riprap, vegetative cover or other acceptable method. h) All new principal structures must have vehicular access at or above an elevation not more than two feet below the regulatory flood protection elevation, or must have a flood warning /emergency evacuation plan acceptable to the City Council. i) Accessory uses such as yards, railroad tracks, and parking lots may be at an elevation lower than the regulatory flood protection elevation. However, any facilities used by employees or the general public must be designed with a flood warning system that provides adequate time for evacuation if the area is inundated to a depth and velocity such that the depth (in feet) multiplied by the velocity (in feet per second) would exceed a product of four upon occurrence of the regional (1 % chance) flood. j) Interference with normal manufacturing/industrial plant operations must be minimized, especially along streams having protracted flood durations. In considering permit applications, due consideration must be given to the needs of industries with operations that require a floodplain location. 10 k) Manufactured homes and recreational vehicles must meet the standards of Section 9 of this ordinance. Subd. 3. Conditional Uses: The following uses and activities may be allowed as conditional uses, if allowed in the underlying zoning district(s) or any applicable overlay district, following the procedures in Section 10.4 of this ordinance. a) Any structure that is not elevated on fill or floodproofed in accordance with Sections 5.21 and 5.22 of this ordinance. b) Storage of any material or equipment below the regulatory flood protection elevation. c) The cumulative placement of more than 1,000 cubic yards of fill when the fill is not being used to elevate a structure in accordance with Section 5.21 of this ordinance. Subd. 4. Standards for Flood Fringe Conditional Uses: a) The standards listed in Sections 5.2� through 5.30 apply to all conditional uses. b) Basements, as defined by Section 2.913 of this ordinance, are subject to the following: Residential basement construction is not allowed below the regulatory flood protection elevation. ii. Non-residential basements may be allowed below the regulatory flood protection elevation provided the basement is structurally dry floodproofed in accordance with Section 5.43 of this ordinance. c) All areas of nonresidential structures, including basements, to be placed below the regulatory flood protection elevation must be floodproofed in accordance with the structurally dry floodproofing classifications in the State Building Code. Structurally dry floodproofing must meet the FP1 or FP2 floodproofing classification in the State Building Code, which requires making the structure watertight with the walls substantially impermeable to the passage of water and with structural components capable of resisting hydrostatic and hydrodynamic loads and the effects of buoyancy. d) The placement of more than 1,000 cubic yards of fill or other similar material on a parcel (other than for the purpose of elevating a structure to the regulatory flood protection elevation) must comply with an approved erosion/sedimentation control plan. i. The plan must clearly specify methods to be used to stabilize the fill on site for a flood event at a minimum of the regional (1% chance) flood event. ii. The plan must be prepared and certified by a registered professional engineer or other qualified individual acceptable to the City Council. iii. The plan may incorporate alternative procedures for removal of the material from the floodplain if adequate flood warning time exists. 11 e) Storage of materials and equipment below the regulatory flood protection elevation must comply with an approved emergency plan providing for removal of such materials within the time available after a flood warning. 545.06 RESERVED FOR GENERAL FLOODPLAIN DISTRICT (GF) 545.07 LAND DEVELOPMENT STANDARDS Subd. 1 Subdivisions: No land may be subdivided which is unsuitable for reasons of flooding or inadequate drainage, water supply or sewage treatment facilities. Manufactured home parks and recreational vehicle parks or campgrounds are considered subdivisions under this ordinance. a) All lots within the floodplain districts must be able to contain a building site outside of the Floodway District at or above the regulatory flood protection elevation. b) All subdivisions must have road access both to the subdivision and to the individual building sites no lower than two feet below the regulatory flood protection elevation, unless a flood warning emergency plan for the safe evacuation of all vehicles and people during the regional (1% chance) flood has been approved by the City Council. The plan must be prepared by a registered engineer or other qualified individual, and must demonstrate that adequate time and personnel exist to carry out the evacuation. c) For all subdivisions in the floodplain, the Floodway and Flood Fringe District boundaries, the regulatary flood protection elevation and the required elevation of all access roads must be clearly labeled on all required subdivision drawings and platting documents. d) In the General Floodplain District, applicants must provide the information required in Section 6.2 of this ordinance to determine the regional flood elevation, the Floodway and Flood Fringe District boundaries and the regulatary flood protection elevation far the subdivision site. 545.08 PUBLIC UTILITIES, RAILROADS, ROADS, AND BRIDGES Subd. 1. Public Utilities: All public utilities and facilities such as gas, electrical, sewer, and water supply systems to be located in the floodplain must be floodproofed in accordance with the State Building Code or elevated to the regulatary flood protection elevation. Subd. 2. Public Transportation Facilities: Railroad tracks, roads, and bridges to be located within the floodplain must comply with Sections 4.0 and 5.0 of this ordinance. These transportation facilities must be elevated to the regulatory flood protection elevation where failure or interruption of these facilities would result in danger to the public health or safety or where such facilities are essential to the orderly functioning of the area. Minor or auxiliary roads or railroads may be constructed at a lower elevation where failure or interruption of transportation services would not endanger the public health or safety. 12 Subd. 3. On-site Water Supply and Sewage Treatment Systems: Where public utilities are not provided: 1) On-site water supply systems must be designed to minimize or eliminate iniiltration of flood waters into the systems and are subject to the provisions in Minnesota Rules Chapter 4725.4350, as amended; and 2) New or replacement on-site sewage treatment systems must be designed to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems into flood waters, they must not be subject to impairment or contamination during times of flooding, and are subject to the provisions in Minnesota Rules Chapter 7080.2270, as amended. 545.09 MANUFACTURED HOMES, MANUFACTURED HOME PARKS, AND RECREATIONAL VEHICLES. Subd. 1. Manufactured Homes: New manufactured home parks and expansions to existing manufactured home parks are prohibited in any floodplain district. For existing manufactured home parks or lots of record, the following requirements apply: a) Placement or replacement of manufactured home units is prohibited in the Floodway District. b) If allowed in the Flood Fringe District, placement or replacement of manufactured home units is subject to the requirements of Section 5 of this ordinance and the following standards. New and replacement manufactured homes must be elevated in compliance with Section 5 of this ordinance and must be securely anchored to an adequately anchored foundation system that resists flotation, collapse and lateral movement. Methods of anchoring may include, but are not limited to, use of over-the-top or frame ties to ground anchors. This requirement is in addition to applicable state or local anchoring requirements for resisting wind forces. ii. New or replacement manufactured homes in existing manufactured home parks must meet the vehicular access requirements for subdivisions in Section 7.22. Subd. 2. Recreational Vehicles: New recreational vehicle parks or campgrounds and expansions to existing recreational vehicle parks or campgrounds are prohibited in any floodplain district. Placement of recreational vehicles in existing recreational vehicle parks or campgrounds in the floodplain must meet the exemption criteria below or be treated as new structures meeting the requirements of this ordinance. a) Recreational vehicles are exempt from the provisions of this ordinance if they are placed in any of the following areas and meet the criteria listed in Section 9.22: i. Individual lots or parcels of record. ii. Existing commercial recreational vehicle parks or campgrounds. iii. Existing condominium-type associations. b) Criteria for Exempt Recreational Vehicles: i. The vehicle must have a current license required for highway use. 13 ii. The vehicle must be highway ready, meaning on wheels or the internal jacking system, attached to the site only by quick disconnect type utilities commonly used in campgrounds and recreational vehicle parks. iii. No permanent structural type additions may be attached to the vehicle. iv. The vehicle and associated use must be permissible in any pre-existing, underlying zoning district. v. An accessory structure must constitute a minimal investment c) Recreational vehicles that are exempt in Section 9.22 lose this exemption when development occurs on the site that exceeds a minimal investment for an accessory structure such as a garage or storage building. The recreational vehicle and all accessory structures will then be treated as new structures subject to the elevation and floodproofing requirements of Section 5.0 of this ordinance. No development or improvement on the parcel or attachment to the recreational vehicle is allowed that would hinder the removal of the vehicle should flooding occur. 545.10 ADMINISTRATION Subd. 1. Zoning Administrator: A Zoning Administrator ar other official designated by the City Council must administer and enforce this ordinance. Subd. 2. Permit Requirements: a) Permit Required. A permit must be obtained from the Zoning Administrator prior to conducting the following activities: i. The erection, addition, modification, rehabilitation, ar alteration of any building, structure, or portion thereo£ Normal maintenance and repair also requires a permit if such work, separately or in conjunction with other planned work, constitutes a substantial improvement as defined in this ordinance. ii. The use or change of use of a building, structure, or land. iii. The construction of a dam, fence, or on-site septic system, although a permit is not required for a farm fence as defined in this ordinance. iv. The change or extension of a nonconforming use. v. The repair of a structure that has been damaged by flood, fire, tornado, or any other source. vi. The placement of fill, excavation of materials, or the storage of materials or equipment within the floodplain. vii. Relocation or alteration of a watercourse (including new or replacement culverts and bridges), unless a public waters work permit has been applied for. 14 viii. Any other type of "development" as defined in this ordinance. b) Application for Permit. Permit applications must be submitted to the Zoning Administrator on forms provided by the Zoning Administrator. The permit application must include the following as applicable: i. A site plan showing all pertinent dimensions, existing or proposed buildings, structures, and signiiicant natural features having an influence on the permit. ii. Location of fill or storage of materials in relation to the stream channel. iii.Copies of any required municipal, county, state or federal permits or approvals. iv. Other relevant information requested by the Zoning Administrator as necessary to properly evaluate the permit application. c) Certificate of Zoning Compliance for a New, Altered, or Nonconforming Use. No building, land or structure may be occupied or used in any manner until a certificate of zoning compliance has been issued by the Zoning Administrator stating that the use of the building or land conforms to the requirements of this ordinance. d) Certification. The applicant is required to submit certification by a registered professional engineer, registered architect, or registered land surveyor that the finished fill and building elevations were accomplished in compliance with the provisions of this ordinance. Floodproofing measures must be certified by a registered professional engineer or registered architect. e) Record of First Floor Elevation. The Zoning Administrator must maintain a record of the elevation of the lowest floor (including basement) of all new structures and alterations ar additions to existing structures in the floodplain. The Zoning Administrator must also maintain a record of the elevation to which structures and alterations or additions to structures are floodproofed. � Notifications for Watercourse Alterations. Before authorizing any alteration or relocation of a river or stream, the Zoning Administrator must notify adjacent communities. If the applicant has applied for a permit to work in public waters pursuant to Minnesota Statutes, Section 103G.245, this will suffice as adequate notice. A copy of the notification must also be submitted to the Chicago Regional Office of the Federal Emergency Management Agency (FEMA). g) Notification to FEMA When Physical Changes Increase or Decrease Base Flood Elevations. As soon as is practicable, but not later than six months after the date such supporting information becomes available, the Zoning Administrator must notify the Chicago Regional Office of FEMA of the changes by submitting a copy of the relevant technical or scientific data. Subd.3 Variances: 15 a) Variance Applications. An application far a variance to the provisions of this ordinance will be processed and reviewed in accordance with applicable state statutes and Section 5252.07 of the City Code. b) Adherence to State Floodplain Management Standards. A variance must not allow a use that is not allowed in that district, permit a lower degree of flood protection than the regulatory flood protection elevation for the particular area, or permit standards lower than those required by state law. c) Additional Variance Criteria. The following additional variance criteria of the Federal Emergency Management Agency must be satisfied: Variances must not be issued by a community within any designated regulatory floodway if any increase in flood levels during the base flood discharge would result. ii. Variances may only be issued by a community upon (i) a showing of good and sufficient cause, (ii) a determination that failure to grant the variance would result in exceptional hardship to the applicant, and (iii) a determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances. iii. Variances may only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief. d) Flood Insurance Notice. The Zoning Administrator must notify the applicant for a variance that: 1) The issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as $25 for $100 of insurance coverage; and 2) Such construction below the base or regional flood level increases risks to life and property. Such notification must be maintained with a record of all variance actions. e) General Considerations. The community may consider the following factors in granting variances and imposing conditions on variances and conditional uses in floodplains: The potential danger to life and property due to increased flood heights or velocities caused by encroachments; ii. The danger that materials may be swept onto other lands or downstream to the injury of others; iii. The proposed water supply and sanitation systems, if any, and the ability of these systems to minimize the potential for disease, contamination and unsanitary conditions; iv. The susceptibility of any proposed use and its contents to flood damage and the effect of such damage on the individual owner; v. The importance of the services to be provided by the proposed use to the community; F�: vi. The requirements of the facility for a waterfront location; vii. The availability of viable alternative locations for the proposed use that are not subject to flooding; viii. The compatibility of the proposed use with existing development and development anticipated in the foreseeable future; ix. The relationship of the proposed use to the Comprehensive Land Use Plan and flood plain management program for the area; x. The safety of access to the property in times of flood for ordinary and emergency vehicles; xi. The expected heights, velocity, duration, rate of rise and sediment transport of the flood waters eXpected at the site. � Submittal of Hearing Notices to the Department of Natural Resources (DNR). The City must submit hearing notices for proposed variances to the DNR sufficiently in advance to provide at least ten days' notice of the hearing. The notice may be sent by electronic mail or U.S. Mail to the respective DNR area hydrologist. g) Submittal of Final Decisions to the DNR. A copy of all decisions granting variances must be forwarded to the DNR within ten days of such action. The notice may be sent by electronic mail or U.S. Mail to the respective DNR area hydrologist. h) Record-Keeping. The Zoning Administrator must maintain a record of all variance actions, including justification for their issuance, and must report such variances in an annual or biennial report to the Administrator of the National Flood Insurance Program, when requested by the Federal Emergency Management Agency. Subd. 4. Conditional Uses: a) Administrative Review. An application for a conditional use permit under the provisions of this ordinance will be processed and reviewed in accordance with Section 525.013 of the City Code. b) Factors Used in Decision-Making. In passing upon conditional use applications, the City Council must consider all relevant factors specified in other sections of this ordinance, and those factors identified in Section 10.35 of this ordinance. c) Conditions Attached to Conditional Use Permits. The City Council may attach such conditions to the granting of conditional use permits as it deems necessary to fulfill the purposes of this ordinance. Such conditions may include, but are not limited to, the following: Modification of waste treatment and water supply facilities. ii. Limitations on period of use, occupancy, and operation. iii. Imposition of operational controls, sureties, and deed restrictions. 17 iv. Requirements for construction of channel modifications, compensatory storage, dikes, levees, and other protective measures. v. Floodproofing measures, in accordance with the State Building Code and this ordinance. The applicant must submit a plan or document certified by a registered professional engineer or architect that the floodproofing measures are consistent with the regulatory flood protection elevation and associated flood factors for the particular area. d) Submittal of Hearing Notices to the Department of Natural Resources (DNR). The City must submit hearing notices for proposed conditional uses to the DNR sufficiently in advance to provide at least ten days' notice of the hearing. The notice may be sent by electronic mail ar U.S. Mail to the respective DNR area hydrologist. e) Submittal of Final Decisions to the DNR. A copy of all decisions granting conditional uses must be forwarded to the DNR within ten days of such action. The notice may be sent by electronic mail or U.S. Mail to the respective DNR area hydrologist. 545.11 NONCONFORMITIES Subd. 1 Continuance of Nonconformities: A use, structure, or occupancy of land which was lawful befare the passage or amendment of this ordinance but which is not in conformity with the provisions of this ordinance may be continued subject to the following conditions. Historic structures, as defined in Section 2.941(b) of this ordinance, are subject to the provisions of Sections 11.11 — ll.16 of this ordinance. a) A nonconforming use, structure, or occupancy must not be eXpanded, changed, enlarged, or altered in a way that increases its flood damage potential or degree of obstruction to flood flows except as provided in 11.12 below. Expansion or enlargement of uses, structures or occupancies within the Floodway District is prohibited. b) Any addition or structural alteration to a nonconforming structure or nonconforming use that would result in increasing its flood damage potential must be protected to the regulatory flood protection elevation in accordance with any of the elevation on fill or floodprooiing techniques (i.e., FP1 thru FP4 floodproofing classifications) allowable in the State Building Code, except as further restricted in 11.13 and 11.17 below. c) If the cost of all previous and proposed alterations and additions exceeds 50 percent of the market value of any nonconforming structure, that shall be considered substantial improvement, and the entire structure must meet the standards of Section 4.0 or 5.0 of this ordinance for new structures, depending upon whether the structure is in the Floodway or Flood Fringe District, respectively. The cost of all structural alterations and additions must include all costs such as construction materials and a reasonable cost placed on all manpower or labor. d) If any nonconforming use, or any use of a nonconforming structure, is discontinued for more than one year, any future use of the premises must conform to this ordinance. The Assessor must notify the Zoning Administrator in writing of instances of nonconformities that have been discontinued for a period of more than one year. e) If any nonconformity is substantially damaged, as defined in Section 2.940 of this ordinance, it may not be reconstructed except in conformity with the provisions of this ordinance. The applicable provisions for establishing new uses or new structures in Sections 4.0 or 5.0 will apply depending upon whether the use or structure is in the Floodway or Flood Fringe, respectively. fl If any nonconforming use or structure experiences a repetitive loss, as defined in Section 2.936 of this ordinance, it must not be reconstructed except in conformity with the provisions of this ordinance. g) Any substantial improvement, as defined in Section 2.941 of this ordinance, to a nonconforming structure requires that the existing structure and any additions must meet the requirements of Section 4.0 or 5.0 of this ordinance for new structures, depending upon whether the structure is in the Floodway or Flood Fringe District. 545.12 PENALTIES AND ENFORCEMENT Subd. 1. Violation Constitutes a Misdemeanor: Violation of the provisions of this ordinance or failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with grants of variances or conditional uses) constitute a misdemeanar and will be punishable as defined by law. Subd. 2. Other Lawful Action: Nothing in this ordinance restricts the City of Hopkins from taking such other lawful action as is necessary to prevent or remedy any violation. If the responsible party does not appropriately respond to the Zoning Administrator within the specified period of time, each additional day that ]apses will constitute an additional violation of this ordinance and will be prosecuted accordingly. Subd. 3. Enforcement: Violations of the provisions of this ordinance will be investigated and resolved in accordance with the provisions of Section 115 of the City Code. In responding to a suspected ordinance violation, the Zoning Administrator and City Council may utilize the full array of enforcement actions available to it including but not limited to prosecution and fines, injunctions, after- the-fact permits, orders for corrective measures or a request to the National Flood Insurance Program for denial of flood insurance availability to the guilty party. The City of Hopkins must act in good faith to enforce these official controls and to correct ordinance violations to the extent possible so as not to jeopardize its eligibility in the National Flood Insurance Program. 545.13 AMENDMENTS Subd. 1 Floodplain Designation — Restrictions on Removal: The floodplain designation on the Official Zoning Map must not be removed from floodplain areas unless it can be shown that the designation is in error ar that the area has been filled to or above the elevation of the regulatary flood protection elevation and is contiguous to lands outside the floodplain. Special exceptions to this rule may be permitted by the Commissioner of the Department of Natural Resources (DNR) if the Commissioner determines that, through other measures, lands are adequately protected for the intended use. 19 Subd. 2. Amendments Require DNR Approval: All amendments to this ardinance must be submitted to and approved by the Commissioner of the Department of Natural Resources (DNR) prior to adoption. The Commissioner must approve the amendment prior to community approval. Subd. 3. Map Revisions Require Ordinance Amendments. The floodplain district regulations must be amended to incorporate any revisions by the Federal Emergency Management Agency to the floodplain maps adopted in Section 2.3 of this ordinance. SECTION 2.0 This ordinance shall take effect and be in force upon its publication, in accordance with Section 3.07 of the City Charter. First Reading: Second Reading: Date of Publication: Date Ordinance Takes Effect: ATTEST: Amy Domeier, City Clerk October 4, 2016 October 18, 2016 October 27, 2016 October 27, 2016 Molly Cummings, Mayor 20 September 26, 2016 Name Address 1 Address 2 RE: NOTIFICATION OF UPDATES TO FLOOD HAZARD MAPS Dear Property Owner: A multiyear project by the Federal Emergency Management Agency (FEMA) to re-examine flood risks throughout Hennepin County and develop electronic flood hazard maps is nearing completion. The updated maps will become effective on November 4, 2016, replacing the current maps that were adopted in 2004. The purpose of this letter is to inform you that the principle structure located at the address identified above appears to have been newly mapped into the Special Flood Hazard Area (aka SFHA, the 1-percent, or 100-year floodplain). How will these updated maps affect you? If you have a mortgage or secured loan from a federally regulated or insured lender (this includes most loans) and the principle structure on this parcel is within the SFHA, then by Federal law your lender must require you to carry flood insurance. Most lenders will check their loans when the updated maps become effective on November 4, 2016. They will send a letter to all properties in the SFHA (or close to it) to notify them that they must purchase flood insurance within 45 days. If a policy is not purchased within this time period, the lender will “force place” a policy, which is normally much more expensive. Taking action sooner rather than later will help keep flood insurance rates down. Property owners can get discounted flood insurance by purchasing a Preferred Risk Policy (PRP) more than 30 days before the updated maps become effective on November 4, 2016. This policy would be available for the first year, but would make less expensive options available to you in future years. Flood insurance is available through your agent or one of the agents listed by searching the “Agent Finder” section of FEMA’s Flood Insurance website, FloodSmart.gov. If you have any kind of risk for flood damages, both in or out of the floodplain, the city encourages you to purchase flood insurance. What to do if you believe you’ve been inadvertently included in the SFHA? There are often scenarios where the boundaries of the floodplain do not accurately reflect the true topographic characteristics of a site. In much of the county, the boundaries of the floodplain have not been updated with better elevation information since they were originally mapped in the early 1980’s. This newest map update merely digitized these areas – making them easier for everyone to view. If you believe your structure and/or parcel is higher than the actual flood elevation, there is a procedure for appeals known as a Letter of Map Amendment (LOMA). Traditionally, a LOMA involves hiring a surveyor to verify the lowest ground touching the structure, deck or stairs is above the 100-year flood elevation. Under the right circumstances, another streamlined method can be pursued in lieu of a field survey:  Letter of Map Amendments using updated elevation data would be used when LiDAR-derived contour elevations can verify that a structure is above the 100-year flood elevation. For those that would qualify for the streamlined method described above, the city and the Minnesota Department of Natural Resources (MN DNR) can assist in obtaining a map that can be used in lieu of a field survey. More information on the process for submitting a LOMA is available from the MN Department of Natural Resources at http://www.dnr.state.mn.us/waters/watermgmt_section/floodplain/fema_forms.html#fema_forms Sincerely, Jason Lindahl, AICP City Planner jlindahl@hopkinsmn.com 952-548-6342 �y n. kT',y ����� �' ���° F'eder�l Emergency 1'Vlanagement Agency °�.{ � 4�' WashingtUn, D.C. 2Q!1/2 `R,�� n stic, CERTIFIED MAIL 1N REPLY REFER TO: RETURN RECEIPT REQUESTED 19P-A May 4, 2016 The Honarable Molly Cummings Mayor, City of Hopkins City Hall 1010 lsT Street South Hopkins, Minnesota 55343 Dear Mayar Cummings: Community: Community No.: Map Panels Affected City of Hopkins, Hennepin County, Minnesota 270166 See FIRM Index This is to formally notify you of the final flood hazard determination for the City of Hopkins, Hennepin County, Minnesota, in compliance with Title 44, Chapter I, Part 67, Section 67.11, Code of Federal Regulations (CFR). This section requires that notice of final flood hazards shall be sent to the Chief Executive Officer of the community, all individual appellants, and the State Coordinating Agency, and shall be published in the Federal Register. On September 2, 2004, the Department of Homeland Security's Federal Emergency Management Agency (FEMA) issued a Flood Insurance Rate Map (FIRM) that idenrified the Special Flood Hazard Areas (SFHAs), the areas that would be inundated by the flood having a 1-percent chance of being equaled or exceeded in any given year (base flood), in your community. Recently, FEMA completed a re-evaluation of flood hazards in your community. On Deceinber 31, 2005, and August 17, 2012, FEMA provided you with Preliminary copies of the Flood Insurance Study (FIS) report and FIRM that identify existing flood hazards in your community, including Base Flood Elevations (BFEs). The proposed flood hazard determinations (FHDs) for your community were published in the Star Tribune on March 29, 2013, and Apri15, 2013, and in the Federal Register, at Part 67, Volume 78, Page 8180, on February 5, 2013. The statutory 90-day appeal period, which was initiated on the second newspaper publication date cited above, has ended. The proposed FHDs for your community were appealed during that time. All technical data submitted in support of the appeal have been evaluated, and the appeal has been resolved. Therefore, the FHDs for your community are considered final. The final notice for FHDs will be published in the Federal Register as soon as possible. The FIRM for your community will become effective on November 4, 2016. Before the effective date, FEMA will send you fnal printed copies of the FIS report and FIRM. Because the FIS establishing the FHDs for your community has been completed, certain additional requirements must be met under Section 1361 of the National Flood Insurance Act of 1968, as amended, within 6 months from the date of this letter. Prior to November 4, 2016, your community is required, as a condition of continued eligibility in the National Flood Insurance Program (NFIP), to adopt or show evidence of adoption of floodplain management regulations that meet the standards of Paragraph 60.3(d) of the enclosed NFIP regulations (44 CFR 59, etc.) by the effective date of the FIRM. These standards are the minimum requirements and do not supersede any State or loca] requirements of a more stringent nature. It must be emphasized ihat all ihe standards specified in Paragraph 60.3(d) of the NFIP regulations must be enacted in a legally enforceable document. This includes adoption of the current effective FIS and FIRM 2 to which the regulations apply and other modifications made by this map revision. Some of the standards sbould already have been enacted by your community in order to establish initial eligibility in the NFIP. Your community can meet any additional requireinents by taking one of the following actions: • Amending existing regulations to incorporate any additional requirements of Para�raph 60.3(d); • Adopting all the standards of Paragraph 60.3(d) into one new, comprehensive set of regulations; or • Showing evidence that regulations have previously been adopted that meet or exceed the minimum requirements of Paragraph 60.3(d). Communities that fail to enact the necessary floodplain management regulations will be suspended from participation in the NFIP and subject to the prohibitions contained in Section 202(a) of the Flood Disaster Protection Act of 1973 (Public Law 93-234) as amended. In addition to your community using the FIS to manage development in the floodplain, FEMA will use the FIS to establish appropriate flood insurance rates. On the effective date of the revised FIRM, actuarial rates for flood insurance will be charged for all new structures and substantial improvements to existing structures located in the identified Special Flood Hazard Areas, the areas subject to inundation by the base flood. These rates may be higher if structures are not built in compliance with the floodplain management standards of the NFIP. The actuarial flood insurance rates increase as the lowest elevations (including basement) of new structures decrease in relation to the BFEs established for your community. This is an important consideration for new construction because building at a higher elevation can greatly reduce the cost of flood insurance. To assist your community in maintaining the FIRM, we have enclosed a Summary of Map Actions to document previous Letter of Map Change (LOMC) actions (i.e., Letters of Map Amendment, Letters of Map Revision) that will be superseded when the revised FIRM panels referenced above become effective. Information on LOMCs is presented in ihe following four categories: (1) LOMCs for which results have been included on the revised FIRM panels; (2) LOMCs for which results could not be shown on the revised FIRM panels because of scale limitations or because the LOMC issued had determined that the lots or structures involved were outside the SFHA as shown on the FIRM; (3) LOMCs for which results have not been included on the revised FIRM panels because the flood hazard information on which the original determinations were based are being superseded by new flood hazard information; and (4) LOMCs issued for multiple lots or structures where the determination for one or more of the lots or structures cannot be revalidated through an adminisirative process like the LOMCs in Category 2 above. LOMCs in Category 2 will be revalidated through a single letter that reaffirms the validity of a previously issued LOMC; the letter will be sent to your community shortly before the effective date of the revised FIRM and will becoine effective 1 day after the revised FIRM becomes effective. For the LOMCs listed in Category 4, we will review the data previously submitted for the LOMA or LOMR request and issue a new determination for the affected properties after the revised FIRM becomes effective. The FIRM and FIS report for your community have been prepared in our countywide format, which means that flood hazard infortnation for all jurisdictions within Hennepin County has been combined into one FIRM and FIS report. When the FIRM and FIS report are printed and distributed, your community will receive only those panels that present flood hazard information for your community. We will provide complete sets of the FIRM panels to county officials, where they will be available for review by your coirununity. The FIRM panels have been computer-generated. Once the FIRM and FIS report are printed and distributed, the digital files containing the flood hazard data for the entire county can be provided to your community for use in a computer mapping system. These files can be used in conjunction with other thematic data for floodplain management purposes, insurance purchase and rating requirements, and many other planning applications. Copies of the digital files or paper copies of the FIRM panels may be obtained by calling our FEMA Map Information eXchange (FMIX), toll free, at 1-877-FEMA-MAP (1- 877-336-2627). In addition, your community may be eligible far additional credits under our Community Rating System if you implement your activities using digital mapping files. If your community is encountering difficulties in enacting the necessary floodplain management measures required to continue participation in the NFIP, we urge you to call the Directar, Federal Insurance and Mitigation Division of FEMA in Chicago, Illinois, at (312) 408-5500 for assistance. If you have any questions concerning mapping issues in general or the enclosed Summary of Map Actions, please call our FEMA Map Information eXchange (FMIX), toll free, at 1-877-FEMA-MAP (1-877-336-2627). Additional information and resources your community may find helpful regarding the NFIP and floodplain management, such as The National Flood Insurance Program Code of Federal Regulations, AnsweNs to Questions About the National Flood Insurance Program, Frequently Asked Questions Regarding the Effects that Revised Flood Hazards have on Existing Str•ucture, Use of Flood Insurance Study (FIS) Data as Available Data, and National Flood Insurance Program Elevation Certificate and Instructions, can be found on our website at http://www.floodmaps.fema.gov/lfd. Paper copies of these documents may also be obtained by calling our FMIX. Sincerely, ����� - `-' _- ` � Luis Rodriguez, P.E., Chief Engineering Management Branch Federal Insurance and Mitigation Administration Enclosure: Final Summary of Map Actions cc: Community Map Repository Mike Mornson, City Manager, City of Hoplcins FINAL SUMMARY OF MAP ACTIONS Community: HOPKINS, CITY OF SOMA-2 Community No: 270166 To assist your community in maintaining the Flood Insurance Rate Map (FIRM), we have summarized below the previously issued Letter of Map Change (LOMC) actions (i.e., Letters of Map Revision (LOMRs) and Letters of Map Amendment (LOMAs)) that will be affected when the revised FIRM becomes effective on November 4, 2016. 1. LOMCs Incorporated The modifications effected by the LOMCs listed below will be reflected on the revised FIRM. In addition, these LOMCs will remain in effect until the revised FIRM becomes effective. New LOMC Case No. IsDsued Project Identifier p nel Panel NO CASES RECORDED 2. LOMCs Not Incorporated The modifications effected by the LOMCs listed below will not be reflected on the revised FIRM panels because of scale limitations or because the LOMC issued had determined that the lot(s) or structure(s) involved were outside the Special Flood Hazard Area, as shown on the FIRM. These LOMCs will remain in effect until the revised FIRM becomes effective. These LOMCs will be revalidated free of charge 1 day after the revised FIRM becomes effective through a single revalidation letter that reaffirms the validity of the previous LOMCs. LOMC Case No. � � uted Project Identifier panel Pa el 045 HIAWATHA AVENUE LOMA 96-05-100A 03/12/1996 2600110039C 27053C0342F OT1,BLOCK1-AUBURN NORTH LOMR-F 96-05-668A 03/14/1996 2701660001C 27053C0342F 27-429 BLAKE ROAD LOMA 01-05-2307A 06/13/2001 2701660001C 27053C0342F ORTION OF LOTS 1-3, MINNEHAHA OAKS LOMA 03-05-1055A 12/26/2002 UBDIVISION--517HIAWATHAAVENUE 2701660001C 27053C0342F INE MILE COVE & NINE MILE COVE 2ND LOMA 05-05-2007A 03/11/2005 DDITION 27053C0342E 27053C0341F 27053C0342F EGISTERED LAND SURVEY NO. 1250, TRACTS LOMA 05-05-1970A 03/11 /2005 & C--819 CAMBRIDE STREET 27053C0342E 27053C0342F 09 HIAWATHA AVENUE (MN) LOMA 06-05-BC40A 04/18/2006 27053C0342E 27053C0342F UDITOR'S SUBDIV NO. 239, PORTION OF LOT LOMA 09-05-1402A 02/12/2009 0-- 1309 & 1313 LAKE STREET NE 27053C0342E 27053C0342F 4/21 /2016 Page 1 of 2 FINAL SUMMARY OF MAP ACTIONS Community: HOPKINS, CITY OF SOMA-2 Community No: 270166 LOMC Case No. � � uted Project Identifier panel Pa el ot 14, Block 1, Bellgrove Subdivision - 28 Saint LOMA 10-05-5592A 07/13/2010 Ibans Road West 27053C0333E 27053C0333F PORTION OF LOT 70, AUDITOR'S LOMA 13-05-1971 A 01 /15/2013 UBDIVISION NUMBER 239 -- 1317 LAKE 27053C0342E 27053C0342F TREET NORTHEAST 3. LOMCs Superseded The modifications effected by the LOMCs listed below have not been reflected on the Final revised FIRM panels because they are being superseded by new detailed flood hazard information or the information available was not sufficient to make a determination. The reason each is being superseded is noted below. These LOMCs will no longer be in effect when the revised FIRM becomes effective. Date Reason Determination LOMC Case No. Issued Project Identifier Will be Superseded PARK NICOLLET LOMR (MN) I LOMR 07-05-4704P 09/28/2007 4 1. Insufficient information available to make a determination. 2. Lowest Adjacent Grade and Lowest Finished Floor are below the proposed Base Flood Elevation. 3. Lowest Ground Elevation is below the proposed Base Flood Elevation. 4. Revised hydrologic and hydraulic analyses. 5. Revised topographic information. 4. LOMCs To Be Redetermined The LOMCs in Category 2 above will be revalidated through a single revalidation letter that reaffirms the validity of the determination in the previously issued LOMC. For LOMCs issued for multiple lots or structures where the determination for one or more of the lots or structures has changed, the LOMC cannot be revalidated through this administrative process. Therefore, we will review the data previously submitted for the LOMC requests listed below and issue a new determination for the affected properties after the effective date of the revised FIRM. Date Old New LOMC Case No. Issued Project Identifier panel Panel NO CASES RECORDED 4/21 /2016 Page 2 of 2 MINNESOTA DEPARTMENT OF NATURAL RESOURCES CENTRAL OFFICE 500 LAFAYETTE ROAD SAINT PAUL, MN 55155 651-296-6157 888-646-6367 MNDNR May 12, 2016 The Honorable Molly Cummings Mayor, City of Hopkins 1010 1St Street South Hopkins, MN 55343 Dear Honorable Mayor Cummings, HENNEPIN COUNTY, MINNESOTA FLOOD INSURANCE STUDY You recently received a letter from the Federal Emergency Management Agency (FEMA) dated May 4, 2016, about your floodplain regulations. This letter, known as the Letter of Final Determination (LFD), explains that the Flood Insurance Rate Maps (FIRMs) for your community, as well as the Hennepin County Flood Insurance Study, are now complete and will become effective on November 4, 2016 (which is 6 months from the date of the LFD). This letter is intended to explain the statement in the LFD that "your community is required... to adopt or show evidence of adoption of floodplain management regulations that meet the standards of Paragraph 60.3(d)....bythe effective date ofthe FIRM." In otherwords, vaurcommunityrr�,u,stamerrd,�raurfla�dplain rdi ne r a a t,� new r�na Na�etx�b r� 2c�T }n rder tcr canti ' i t�n in the 1Vatior�al Flood Insurat�c� �'rr�gram (NF�P,�. The DNR, as the State Coordinating Agency for the NFIP, will be assisting you in this effort. The DNR will advise your staff as to what type of floodplain ordinance your community should adopt. Matt Bauman, from our office, will be contacting you within the next few weeks with a draft ordinance tailored to your community. I urge you to respond as soon as possible to initiate this process so as to prevent your community from being suspended from the National Flood Insurance Program should you not meet the 6- month deadline. We strnnglv enc�ura�e �Qur eommun,�t�y ta corxrc�lete a dra1� r�f� n��v c+r revised �I�aod�laln ordinance and farwarditl�oMr•Baurr�an�Sr��C�71�`lCl�ll�A�'fE'U5I�'� �01�l�1�t�1€'7171�t]II1��1FI�7��7~1I7471T,�Ii3t�O,�117071�Ji'f'1QCII, This allows time for our review and approval, for your community to complete the adoption/publication process, and for an adopted/certified copy of the ordinance to be sent to the Federal Emergency Management Agency's Chicago Regional Office by November 4, 2016. All communities will eventually receive one set of paper copies of the Hennepin County Flood Insurance Study and the respective flood insurance rate map panels from FEMA. Many communities prefer to have the final study/maps available when they initiate the ordinance adoption/amendment process. We anticipate that electronic versions of the final maps will be available within the next month, and we will make them available on our ftp site: ft�/lf�t .p dn_r.stat�.rnn.us 1�.�uYa/waters�ilaod�lai�%Ct�unty t�ata�Hennepir�L.These posted documents will include pdfs for viewing and printing, as well as shapefiles for GIS. mndnr.gov :� PRINTED ON RECYCLED PAPER CONTAINING A MINIMUM OF 10% POST-CONSUMER WASTE. R� AN EQUAL OPPORTUNITY EMPLOYER. Mayor Cummings May 12, 2016 Page two FEMA has advised us that, with�ut ��cepti�n a community will be suspended from the National Flood Insurance Program if the required floodplain ordinance documents are not received in its Chicago Regional Office by the study/map effective date. A suspended community may be reinstated if the community: 1) submits the required floodplain ordinance language; and 2) documents that no improper floodplain development has occurred since the study/map effective date or that any improper floodplain development has been properly mitigated. During the suspension period, no flood insurance policies can be written or renewed in the community. This would have a serious impact on people exposed to flood damage or those who are trying to purchase homes in the designated 100-year floodplain, where flood insurance is a requirement of the loan. While our office in St. Paul will be the main contact for the ordinance update, we will coordinate with DNR Area Hydrologist Kate Drewry of our St. Paul regional ofEice. Ms. Drewry will continue to be your main contact for day-to-day assistance with administering your floodplain management ordinance and for questions about other DNR water-related programs and permits. Please feel free to contact Ms. Drewry at any time at (651) 259-5753 or kate.drewruC�state.mn.t:s. If you have questions for me, you may contact me at the address in the footer of page one, at (651) 259-5713, or at ceil.straus��c stat�.rnn.us. Sincerely, C _�_��_� --�' . `^_���- ,_�_ =-y� ��-�_ Ceil Strauss, CFM State Coordinator, National Flood Insurance Program ec: Kersten Elverum, Director of Economic Development and Planning Jason Lindahl, City Planner Terri Yearwood, DNR Eco-Waters' Regional Manager Jeanne Daniels, DNR Eco-Waters' District Manager Kate Drewry, Area Hydrologist